Employment Compass 2016 Edition by Miller Publishing Co Ltd

Welcome Message From Vanessa Phala, Senior Specialist for Employers’ Activities, Decent Work Team and Office for the Caribbean, International Labour Organisation On the Occasion of the 60th Anniversary of the Barbados Employers’ Confederation, 50th Anniversary of Barbados’ Independence, and Publication of the Third Edition of the

Barbados Employment Compass

ince the establishment of the Barbados Employers’ Confederation (BEC) on 7 September 1961, the Confederation has and continues to play a critical role in supporting the Government in achieving economic outcomes required to drive growth and development. I am honoured to be featured in the Employment Compass, indeed the journal has made great strides in articulating not only the direction of BEC, but also how it navigates the heavy storms to deliver on its mandate. Not many Employers’ organizations have the resources, both human and financial, to document, sustainably so, the work they do. In addition, BEC has maintained the comprehensive services it offers to its members over the years, this is another challenge many employer organizations are grappling with, especially as demands from members grow while economies are declining which inevitably threatens organizations sustainability. The Confederation has managed to provide services from human resource management; training; research and advocacy to its members and non-members. This has enabled it to remain relevant and influential. I am looking forward to working with the BEC, my goal is to make sure while it remains the most effective employer organization in Barbados, its successes are shared with the rest of the Caribbean employer organizations. In this regard, I am looking forward to championing the Decent Work Agenda which is based on four strategic objectives, namely (a) guaranteeing rights at work, (b) creating opportunities to secure decent work, (c) enhancing coverage and effectiveness of social protection for all workers and (d) promoting tripartism and social dialogue. Furthermore, the BEC plays a critical role in representing the voice of the Caribbean employers organizations in the ILO Governing Body and is a member of the IOE. This is an important representation for a number of reasons, (i) to make sure that issues of critical importance to the Caribbean employers organizations are taken into consideration in decision-making and (ii) to ensure that resources are allocated to advance the Caribbean employers organizations policy and developmental agenda. I am pleased that BEC has successfully managed to domesticate and institutionalize some of the knowledge gained from ILO capacity building programmes. Recently, the BEC participated in the ILO training on ‘Greening Economies, Enterprises and Jobs, the role of Employer Organizations in the promotion of environmentally sustainable enterprises’, the ILO is pleased to see that an initiative is established in Barbados and a Green Framework developed to facilitate the greening of Barbados economies and that BEC is leading this initiative. The ILO will continue its capacity building efforts in Barbados and I am highly honored to be at the forefront in this regard. A lot of work lies ahead of us, and I have no doubt that just like the Compass, the BEC will continue working with government and the unions in determining the direction of economic, social and labour policies in Barbados. I also take this time to recognise Barbados’ 50th anniversary of independence and 60 years of BEC’s existence! Thanks for your warm Caribbean welcome and best wishes.

Vanessa Phala www.BarbadosEmployers.com

BEC

editor’s letter & credits

EMPLOYMENT Journal of the Barbados Employers’ Confederation

2016 edition Publisher Miller Publishing Co. Ltd. Editor Sheena Mayers-Granville Advertising Sales Nia Vlahakis Juman nia@businessbarbados.com PrePress Assistant Lyn Armstrong

on our cover:

Chairman of the Employment Rights Tribunal, Hal Gollop (centre), with Employee Representative, Beverley Beckles, and Employer Representative, Edward Bushell

Design and Layout Tao Howard Cover photographer

ilestones are important; for they remind us of life altering events. Many remember their first job and lessons learned there which impacted on how they approached their careers as well as the choice of degree or study programme. The birth of a child, marriage and home ownership are also milestones in our lives. 1937 will always be remembered for the Riots instigated change in the labour landscape in Barbados and 1941 the first registered trade union; the Barbados Workers’ Union. The third edition of the Employment Compass came alive against the backdrop of significant milestones for Barbados and the Labour environment. 2015 will be remembered as the year the first case was presented to the Employment Rights Tribunal and in 2016 Barbados celebrates 50 years as an independent nation, while the Barbados Employer’s Confederation celebrates 60 years of existence. This edition is once again a compilation of scholarly articles which review trends in the labour environment and highlight legal issues. The aim is to provide relevant and useful information for students, human resource practitioners and industrial relations specialists in a concise and reader friendly manner. I trust that you find this issue to be an informative resource and reference document. With warmest thanks,

In this Edition:

BEC Employment Compass

Employment Compass is an initiative of the Barbados Employers’ Confederation

Rayside Construction Ltd. buiLds stRong with the bEC & Competency based Education

BEC_EmploymentCompass_2015.indd 1

All rights reserved. No part of this publication may be reproduced in any form without the prior written permission of the publisher. While every care has been taken in the compilation of information contained in this guide, such information is subject to change without notice. The publishers accept no responsibility for such changes.

2015 Edition

Sheena Mayers-Granville, Editor Human Resources Manager, Unicomer (Barbados) Limited Former BEC Labour Management Advisor

Vincent Tempro & layout Tao Howard Sally Miller

concept, design

8/7/15 11:07 AM

BE RECOGNISED AS A LEADER IN SERVICE EXCELLENCE!

Go for Excellence! CALL NISE at (246) 426 4186 or info@nisebarbados.org www.BarbadosEmployers.com

BEC

about us & training opportunities

BEC Training Schedule The BEC offers training, including online courses, in the following areas: Developing a Productive Culture Health & Safety 101 Leadership & Management Law in Action Effective Communication

About the BEC What is the BEC? Barbados Employers’ Confederation (BEC), founded in 1956, is a membership based private sector organisation that seeks to represent its members on an array of issues. These issues include Industrial Relations, Human Resource Management and Occupational Health and Safety. We keep our employers abreast of current trends via our publications, open forums and numerous training programmes year round.

Courses June 15 - Collective Bargaining Essentials* 27 - HR for Entrepreneurs*

Our Services Industrial Relations | Human Resource Management | Training | Research | Advocacy

August 16 - Contractual Issues 18 - Employee & Employer Rights & Obligations

Mission The Barbados Employers’ Confederation promotes and maintains harmony in the employment relationship by being the employers’ primary advocate and advisor assisting in the amicable settlement of disputes, as well as facilitating social dialogue. Our wealth of expertise and research capacity, allow us to provide targeted, proactive solutions. Vision The Barbados Employers’ Confederation will emerge as the membership organization of choice, promoting the viability and success of local and regional businesses through the provision of high quality and professional human resource and industrial relations solutions. The bec by numbers (as at May 2016) 220 Direct Member Companies | 101 Indirect Member Companies 21, 716 Employees covered | 8 BEC Employees (more about us on facing page) 60 years in operation; we celebrate on July 31!

Braemar Court, Deighton Road, Brittons Hill, P.O. Box 33B, St. Michael T: (246) 435-4753 or 271-5257/58 | F: (246) 435-2907 becon@barbadosemployers.com | barbadosemployers.com

Online Course Registration Fees: • 2 hr courses: $75 (early) / $125 (late) • 1/2 Day courses: $125 (early) / $175 (late) • 1 Day courses: Members $175 | Non-members $275 (early) / Members $225 | Non-members $325 (late)

BEC Employment Compass

July 14 - Navigating Change*

September 14 - Pension Plan Administration* 27 - Labour Law vs Custom Practices October 10 - Safety & Health at Work (SHAW) 25, 26, 27 - Managing for Success* November 15 - Communication for Business Management* Open Forums July 26 - Legal Caucus October 12 - Safety & Health All cancellations must be communicated no later than 48 hrs before the scheduled training, in order to qualify for a refund. All bookings will be deemed as confirmed and billed, unless cancelled on or before the aforementioned period. REFUNDS will not be granted to no-shows. *Denotes all new Programmes for 2016

See barbadosemployers.com for more info.

BEC

about us & contents

Our Team

SECTION

Table of Contents

The Human Element

Human Resource Management Industrial Relations Law & Guidance Welcome Letter from the International Labour Organisation Editor’s Letter & Credits About the BEC BEC Training Schedule Our Team: The Human Element BEC Greening Initiative NOTHING Surprises Me... I Work in HR! Help! I’ve Never Dealt with This Before! Economic Indicators Statistics

1 2 4 4 5 IBC

People Feature: Anne Knowles, ILO

BEC Guidance Notes Holiday with Pay Act Shops Act 2015-30 Advertisers Index Cave Hill School of Business First Citizens KPMG NISE Profiles Caribbean Sagicor Williams Industries

Tony Walcott

Executive Director

21 23 36

BEC Submissions Ensuring the Sustainability of CVQs Post-CBTF Support Insubordination vs Your Right to Refuse Imminently Dangerous Work Effects of Economic Recession on Organised Labour Building Strong Labour Relations: The CCL/CEC Partnership

Building Enterprises Completely Diamond

Feature Articles Dynamic Workplaces: The Impact of Evolving Legislation Trade Disputes in a Modern Environment New Jurisprudence in the area of Labour Management

Guest Submissions It’s All About The Talent Disability Inclusion Good for Business Benefits of Implementing Workplace Wellness Programmes for Barbadian Organizations Contemporary Human Resources Issues with Social Media Understanding Job Evaluation Bankrupt & ‘Profitable’? The Relevance of Trade Unions

We asked our team to describe themselves using the acronym ‘BEC’ and to sum up the 60 year journey of the BEC in one word . . .

6 18

8 10 12

Melony James

Labour Management Advisor

Brittany Brathwaite

Labour Management Advisor

Brave Efficient Champion 60 yrs: Game-Changing

Kara Sealy

Labour Management Advisor

Blessed Empowered Character 60yrs: Resourceful

Brilliant Exuberant Character 60 yrs: Astonishing

Blessed Evolving Conqueror 60 yrs: Instrumental Shanika Best

14 16 24 26

C/NVQ Coordinator

17 20 22

Yvonne Cheltenham

Shirley Ellis

Tammy Beckles

Secretary/Treasurer

Office Assistant

Administrative Assistant

30 31

Boldly Embracing Change 60 yrs: Challenging

Building Everlasting Connections 60 yrs: Challenging

Bravely Encountering Challenges 60 yrs: Informative

13 IFC, 24 8, 9 3 11 BC 3

we love to “social-ize”

f t i come get to know us x

barbadosemployers @becbusiness Barbados Employers’ Confederation Barbados Employers’ Confederation www.BarbadosEmployers.com

Dynamic Workplaces Impact of Evolving Legislation Brittany Brathwaite, BSc

Labour Management Advisor, BEC brittany@barbadosemployers.com | barbadosemployers.com

he legislative landscape, specifically labour law within our island has undergone tremendous change over the past five years. Following the proclamation of the Safety and Health at Work (SHAW) Act, the release of draft regulations being introduced and employers aiming for compliance in the relatively new area, the proclamation of the Employment Rights Act (ERA) quickly followed in January 2012. With a six-month grace period granted by the Labour Department, employers grappled with the changes, unfortunately many of the provisions of the latter act has resulted in the creation of multiple ambiguities; as no regulations have been published to date uncertainties have continued to plague many employment relationships. In December 2015, the proclamation of the amended Shops Act and the broadening of the definitions within the legislation again triggered a series of national questions. This has resulted in those being affected making changes to their pay scales in some instances, while others have been forced to question the very nature of the business and what implications the Act may have on all areas.

BEC Employment Compass

Our position at the Confederation has been that while an attorney may attend the hearing it is imperative to contextualize their attendance.

above:

Unicomer Sales Associates assisting customers at their Bridgetown location

Photo compliments Unicomer Limited (Barbados)

Human Resource Management

business development | labour law

While we at the confederation are formally addressing these issues and have engaged our strategic partners and members for their input, we thought it would remiss of us not to use this platform to share the experience of one of our member companies who has been impacted by the full series of legislation. Unicomer Limited (Barbados) trading as Courts is one such company, the impact of the Shops Act on the organization is relayed in our highlighted comment space. To give us a more comprehensive picture of what compliance in the multiple areas has been like, the Compass interviewed Mrs. Kyrel Roach, HR Director. Notably, her remarks resounded strongly with us and is certainly representative of what a majority of employers are saying. “While compliance with the Safety and Health at Work Act proved to be the costliest (monetarily), it has reaped endless rewards in building staff morale and in sustaining the health and wellness of our employees.” This is general sentiment shared by a high percentage of our membership base and the SHAW Act has certainly worked to bolster employment relationships at the organizational level in a positive way. What worked as a catalyst for this positive outcome however, was the clarity provided via the regulations which accompanied the legislation. This assisted with the ease in compliance and while it needed to be accompanied with training and development interventions like those offered at the confederation; more heavily focused on providing the practical and technical know-how, a plethora of ambiguities were not present to impede the advantages. Unfortunately, the story of compliance with the ERA was/is not as smooth. While the organization has not faced the issue of employees being unwilling to sign contracts, this was one of the larger impediments to compliance in the early stages of the ERA compliance period. Many employees who had previously worked under verbal contracts queried the necessity to formalize the agreement as per the mandate of the legislation via the statement of particulars; many persons refused and continue to refuse to sign even though they remain employed. Does this nullify the terms and conditions set out in the written contract? No. Only where fundamental changes were made via the contract could an employee claim

the provisions are not enforceable. Even though the aforementioned is now an established fact, this initial step created unamendable fractures in employment relationships. What was emphatically remarked upon by Mrs. Roach is the disciplinary procedure and gray areas surrounding it, specifically regarding whom can attend a disciplinary meeting to represent an employee “We have increasingly seen employees being represented by attorneys and it is an extremely worrying trend.” Our position at the confederation has been that while an attorney may attend the hearing it is imperative to contextualize their attendance. That is, they are not there in the capacity of an attorney, rather a representative who is not allowed to respond on the employee’s behalf, neither should an employee be restricted from speaking within the meeting. Being reminded that any disciplinary hearing remains a management meeting and as such is fundamentally a meeting between the employee and his/her employer, it is not to be treated as a court of law. While Mrs. Roach has utilized this guidance offered by the confederation, she further relayed serious concerns regarding the number of hearings being escalated to the Labour department for concilitation even instances where there is clearly no procedural breach. The confederation remains steadfast in its mandate to advocate for its members and ensure their grievances are not only aired but resolved. We are equally hopefully that our tripartite partners will continue to rally and actively engage to ensure the proclamation of legislation which fosters harmonious industrial relations by developing and agreeing to language which is clear and concise; where not entirely practicable the implementation of regulations should swiftly follow. As such we do make an urgent plea for the regulations for both the ERA as well as possible clarifications on the Shops Act to be offered. The increase in legislation to regulate our employment relations is welcomed however, we must remain cognizant that where deficiencies have been identified and are not actively remedied via regulations or definitive answers more harm than good may be accomplished.

from the desk of

HR DIRECTOR, Unicomer Ltd (Barbados)

Kyrel Roach Benefits and concerns of the SHOPS Act for retailers: Advantages Greater flexibility for opening hours Grey Areas • Can the new Shop Assistant definition include a clerical officer? • Shops are allowed to open at night – 10pm to 7am * Where certificates of permission are granted will it be for an extended time? or will an organization have to do this each time? • Could the definition of a “SHOP” encompass companies not previously considered?

Many employees who had previously worked under verbal contracts queried the necessity to formalize the agreement as per the mandate of the legislation via the statement of particulars; many persons refused and continue to refuse to sign even though they remain employed.

www.BarbadosEmployers.com

Human Resource Management talent management

It’s All About The Talent Melanie Greenidge

Director, KPMG in Barbados | Head of People and Change, KPMG Islands Group melaniegreenidge@kpmg.bb | kpmg.bb

‘Leaders around the world talk about their people as their most important asset. And they’re right. There is no doubt that companies can seize a powerful competitive advantage when talented, committed people connect in a work environment where they can excel’.

he broad-based quotation/acknowledgement above stands in stark contrast to the reality. Relatively few organisations actually convert the full potential of their people into financial performance and market value. Obstacles such as engaging the right people, effectively managing employee performance and connecting internal processes and technologies often get in the way. And if that challenge wasn’t enough, the talent landscape is shifting beneath the feet of many organisations. Macro trends are increasingly exerting their effects: • Boomers are heading for retirement taking their valuable knowledge with them; • Globalisation is affecting everything from source of demand, to new business models, to sources of talent; • An increasingly diverse workforce is the new reality – not just Generation Y with their non-traditional expectations, but multicultural/multi-ability workforce cohorts of all kinds; • The rise of the knowledge worker in numerous industries is creating new organisational dynamics and opportunities; • The way companies compete is increasingly specialised, driving new expectations for talent in order to execute strategy; • Boards and financial markets are expecting more. These trends have shifted the talent question well beyond simple supply and availability considerations. A focus on talent today means: • A clear understanding of the organisation’s current and future business strategies; • Identifying and connecting skill and behavior requirements to strategy; • Leveraging people through the right structures, processes and technologies; • Translating knowledge, collaboration and creativity to high performance and shareholder value.

what it takes to Out-Perform A key characteristic of out-performing companies is that they design organisational systems that create and implement interactions better than others. This collaboration between talented people creates intangible value in the organization and that translates into increased revenues. Nowhere is this more evident than in thinking–intensive organisations, that is those companies that rely on the deep expertise and specialized skills of knowledge workers. Why the variability of returns for thinking-intensive companies? Why do some generate vastly superior performance? Out-performing, thinking-intensive companies not only ensure they have the right people, they design and leverage ways to organize,

BEC Employment Compass

This article is based on a KPMG White Paper entitled ‘New Perspectives on Talent.’

engage, collaborate, learn and share knowledge better than others. They unleash the power of collaboration to create individual and company ‘intangible goods’’ that increase revenues. Moving Beyond a Focus on Talent ‘Supply’ Our understanding of the value of the ‘intangible’ of a business has grown significantly in recent years. Managing talent has evolved from a focus on recruitment to an expanded discipline that includes the tools, techniques and practices for unleashing the power of talent. People competitiveness has emerged as the key, and making the most of an organisation’s talent goes well beyond traditional HR transaction management or focusing mainly on recruiting the right people. To create unique capabilities organisations need to combine resources (skilled people + focused assets such as infrastructure, intellectual property, brands and reputations and special relationships) with processes and technology. When combined in the right sequence and at the right scale, these capabilities sometimes referred to as ’organisational capital’ yield competitive advantage and generate superior returns. Studies on the strategic capabilities of the workforces of top firms reveal a fairly consistent correlation. Strength in talent acquisition, capacity to learn, innovation, a shared mindset and accountability are directly linked to productivity, profitability and shareholder value.

People and Change (P&C): What we do

KPMG’s P&C team can help you with:

How do you get at the intangibles of your organization and drive the hidden value in your team?

• Top team alignment on strategy that ensures the senior management team is on the same page when it comes to the critical strategic decisions and how they can be implemented.

At KPMG, we believe that capability follows strategy. Capabilities (combinations of skilled people, focused assets, work decisionmaking processes & technologies) can become, over time, sources of competitive advantage.

• Talent management strategies that take a holistic view of the important connections between business goals, team skills and capabilities, critical behaviours and cultural attributes.

Whether your source of competitive advantage is “innovation” or “convenience’: those strategic choices have profound implications for managing the intangibles of your organization.

• Organization design and development strategies that ensure the right jobs and the right structure are in place as the building blocks for performance.

Who you hire, how you organize work, how you develop people, and how you support their interactions with stakeholders — all of these factors can either undermine or drive your success.

• People policies and programs to help create the capabilities that lead to competitive advantage. Best practice organizations globally are leveraging their HR programs, their HR team and their employee talent by linking the priorities of HR to the priorities of the business.

The unique strategy of your organization will define specific capability requirements. Organizations need to start by: • Understanding the diverse talent needs of the businesses and the diverse needs of the labour contingents and employee groups. • Attracting the right people with value propositions tailored to the organization. • Engaging diverse workforce groups and aligning their interests with organizational success. • Developing talents and skills and reinforcing high-performance behaviours. • Continuously enhancing productivity by focusing on collaboration and team success in their work settings.

• Leadership alignment and change strategies that ensure you have the leadership talent you need focused on the key strategic levers for your success. • Performance optimization programs that go beyond mere cost cutting to ensure that all of the organization’s capabilities are aligned to deliver on business priorities. Contact us: Brenda Pope Partner Management Consulting E: bpope@kpmg.bb T: 246 434 3904

Melanie Greenidge Director People and Change E: melaniegreenidge@kpmg.bb T: 246 434 3919

HR Technology and Tools

Workforce Cost Optimisation Performance management (scorecards, resource planning, measurement and reporting)

Sage HRMS and payroll solution

Compensation (basic pay, bonus incentives and retention incentives)

Workforce analytic software

People management software

Employment proposition (Terms & Conditions and emloyment policies.) Workforce Cost Optimisation

On-line remuneration survey HR Technology and Tools

Talent Development

Behavioural Change Management Vision and case for change Engaging stakeholders Involvement strategies HR and resource alignment

Behavioural Change Management

People & Change

Learning and development strategies Talent Development

Sustaining change Measuring benefit

HR Optimisation

Organisation Design

People strategy/employer brand

Organisational strategy, vision and objectives

HR service delivery model development

HR value add measures

Performance management

Organisation Design

HR strategy and score card

HR team effectiveness and efficiency

Succession planning Retaining top talent

HR Optimisation

HR process redesign

Identifying/developing high potentials

Culture Assessment

Our Service Offerings

Reward and recognition Management structures and processes

Human Resource Management recruitment

Disability Inclusion Good for Business International Labour Organisation Global Business and Disability Network businessanddisability.org

isability inclusion promotes a working environment where everyone is treated with dignity and respect, where the talents and skills of different groups are valued, and where productivity improves because the workforce is motivated. Employer: The law says that we have to hire persons with disabilities, but how do we do it? HR: It’s not as difficult as you might imagine. More and more employers are now coming up with solutions that an inclusive workplace, in order to maximize their productivity, attract new talent and increase employee commitment. There are many steps you can take to create a workplace environment where people with disabilities can contribute. For example, lowering shelves or raising the desk. You might want to undertake a ‘disability audit’ of your work environment, assessing factors such as whether your premises are accessible to disabled workers. Employer: What do you mean by ‘inclusive workplace’? HR: An inclusive workplace is one where all employees have equal access to opportunities and resources. It’s a place where all employees – regardless of age, gender, ethnicity, language or poverty - are seen and heard by those around them. It’s an environment without physical, social and cultural barriers. Employer: How do we make our office more inclusive? HR: By adjusting negative attitudes and perceptions about recruiting persons with disabilities, and providing them with ‘reasonable accommodation’ when they need it.

BEC Employment Compass

WORKERS WITH DISABILITIES ARE GOOD FOR PRODUCTIVITY Industry reports confirm that hiring people with disabilities makes good economic and business sense. Reports* confirm that disabled workers: make good, dependable employees are more likely to stay on the job increase workforce morale and improve teamwork are an untapped resource of skills and talents represent (with families/friends) an overlooked, multibillion-dollar market have a positive effect on overall productivity, quality and workplace cooperation reduce worker turnover *Employers’ Forum on Disability: www.realising-potential.org/six-buildingblocks/commercial/what-researchers-say.html

Employer: What is reasonable accommodation? HR: Reasonable accommodation aims to ensure that persons with disabilities can exercise human rights and fundamental freedoms equally with others. Reasonable accommodation means necessary, appropriate modifications or adjustments that don’t impose a disproportionate or undue burden on the employer.1 These will be adaptations or other forms of support, tailor-made for an individual, according to their specific impairments and the job requirements. This might include not just physical adaptations but changes to a job application process, modification of work schedules, providing or modifying equipment, or assignment of a job coach. Disabled persons themselves know their needs – the individual concerned should be consulted.2 Not all persons with disabilities require accommodations. What’s more, the costs for those who do is much lower than many employers expect, and can be minimal. What is reasonable accommodation? When changing the work environment or the way a job is performed, to allow a disabled worker to enjoy equal employment opportunities, it may be reasonable that the employer: • Obtains equipment, e.g. voice recognition software for visually impaired persons. • Adjusts/modifies machinery or equipment, for example raising/lowering a chair. • Provides support measures such as more time for a slow learner in training. 1 2

United Nations Convention on the Rights of Persons with Disabilities, 2008 [Article 2] US Department of Labor, http://www.doleta.gov/disability/htmldocs/myths.cfm.

Training classes and workshops are available to provide your workplace with the necessary tools to interact with co-workers and visitors alike.

This project is facilitated by The Barbados Council For The Disabled. It is an ongoing training program, aimed at sensitizing service providers, and their workforce to the needs of persons with disabilities.

DISABILITY

SENSITIVITY TRAINING

“The Barbados Council for the Disabled has provided us with excellent awareness and practical training in Disability Sensitivity.” –Hugo Williams Caribbean Airways Group of Companies

All Inclusive Awareness of person with disabilities is key for professional interaction.

To get started contact: Tel: 246 427-8136 Fax: 246 427-5210 E-mail: bcd@caribsurf.com Web: barbadosdisabled.org.bb

www.BarbadosEmployers.com

Human Resource Management workplace wellness

Benefits of Implementing

Workplace Wellness Programmes for Barbadian Organizations Cheryl Cadogan McClean, Ph.D.

Lecturer in Industrial/Organisational Psychology, UWI Cave Hill cheryl.cadogan-mcclean@cavehill.uwi.edu

orkplace wellness is becoming a buzzword, and why shouldn’t it? Wellness programmes have been found to be very effective in improving organizational productivity through influencing employees’ lives. Over a lifetime, workers spend an average of 90 000 hours on the job (PryceJones, 2011), amounting to approximately one-fifth (21%) of their waking hours up until age 65 years. Given that the majority of one’s productive hours are spent at work, employees should lead healthy and fulfilling lives to reap the highest job performance. What is Workplace Wellness? Workplace wellness programmes are organized, employer-sponsored programmes that are designed to support employees as they adopt and sustain behaviours that reduce health risks, improve quality of life, enhance personal effectiveness, and benefit the organization’s bottom line (employee job performance, business growth and profit). Not only in terms of achieving and maintaining good physical health but also in relation to other aspects of wellness including social, spiritual, occupational, emotional and financial. Employees’ inability to achieve occupational wellness (i.e. use their gifts and talents at work in order to gain purpose, happiness and enrichment in life) has been found to be associated with low job satisfaction, poor job performance, absenteeism, and poor physical health (Grawitch, Gottschalk &Munz, 2006).

Poor Worker Health Impacting on the Workplace The Barbados Health of the Nation Study (HoTN)(Chronic Disease Research Centre, 2015) revealed that in adults aged 25 years or older 9 in 10 women and 6 in 10 men are not sufficiently active, 1 in 5 are diabetic, and 2/3rds are overweight and/or obese. These statistics have far reaching consequences for employers who bear the costs, both in high insurance premiums, increased insurance payouts and in reduced organizational output (poor job performance and low productivity due to sickness absence and presenteeism). The 2008 NISE study on Absenteeism in 24 Barbadian companies found that worker physical health was a significant predictor of certified absenteeism. In addition the study reported a conservative figure of $945,210.89, representing the direct wage cost of employee absenteeism. This translates to $4 million annually for those 24 companies (Punnett, Glidden & Greenidge, 2008). The Benefits of Workplace Wellness Programmes Gain a Competitive Advantage • Reduce healthcare costs, decrease rates of illness and injuries, and employee absenteeism. • Improve employee relations and morale, increase employee engagement, employee retention and job performance. Strengthen the Organization’s Culture • Build employee pride, trust, and commitment (Leopold, 2015). • Trust fosters the creation of deeper bonds between employers and employees.

BEC Employment Compass

Human Resource Management workplace wellness

Return on Investment (ROI) • Reduce health care costs and health insurance premiums. A review of studies on US organizations found that medical costs fall by about $3.27 for every dollar spent on wellness programs and that absenteeism costs fall by about $2.73 for every dollar spent (Baicker, Cutler & Song, 2010). • Invest in disease prevention and health promotion resulting in healthier workers who are more productive. • Long-term investment reaps benefits. Since 1995, the percentage of Johnson & Johnson (JNJ) employees who smoke has dropped by more than two-thirds. The number who have high blood pressure or who are physically inactive also has declined— by more than half. JNJ’s leaders estimate that wellness programs have cumulatively saved the company $250 million on health care costs over the past decade; from 2002 to 2008, the return was $2.71 for every dollar spent (Berry, Mirabito & Baunz, 2010 Value on Investment (VOI) – Thinking Long-term • VOI is the long-term savings and benefits potential of wellness programmes (Leopold, 2015). • VOI reaps long-term health benefits for employees, increased job satisfaction and personal satisfaction (fewer turnovers) and creativity. • 15% – 30% of companies are measuring wellness outcomes in such areas as safety, productivity and reduced absences (Leopold, 2015). • Embrace a VOI approach to health and wellness programs and address concerns about improving productivity. Conclusion By now organizational leaders should realise that Chronic Non-Communicable Diseases threaten the health of the are to be contained and organizational productivity improved then there is a need for organizations to implement comprehensive wellness programmes and reap the benefits of competitive advantage, improved organizational culture, ROI and VOI.

Reference List Baicker, K., Cutler, D., & Song, Z. (2010). Workplace Wellness Programmes Can Generate Savings. Health Affairs, 29, no. 2010): 304-311. Berry, L. L., Mirabito, A. M., &Baunz, W. B. (2010). What’s the Hard Return on Employee Wellness.Harvard Business Review. Chronic Disease Research Centre (2015).Health of The Nation (HoTN). http://www.cavehill.uwi. edu/cdrc/research/health-of-the-nation.aspx Grawitch, M., Gottschalk, M., &Munz, D. (2006). The path to a Healthy Workplace: A Critical Review Linking Healthy Workplace Practices, Employee Well-being, and Organizational Improvements. Counselling Psychology Journal: Practice and Research, 58(3), 129-147. Leopold, R. (2015). ROI vs VOI and the Business Value of a Healthier Working Population.Willis Towers Watson on Wire. Pryce-Jones, J. (2011). Happiness at Work: Maximizing Your Psychological Capital for Success. Wiley. Punnett, B.J., Glidden, P., & Greenidge, D. (2008). Report on Absenteeism in Barbados. National Initiative for Service Excellence Inc. & The Barbados Productivity Council.

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www.BarbadosEmployers.com

Human Resource Management labour management

Contemporary Human Resources Issues with Social Media Sheena Mayers-Granville, BSc, MSc

HR Manager, Unicomer (Barbados) Limited

sheena_mayers@unicomer.com

he rest of the world has not caught up with the advent of social media, and there are several shades of grey when it comes to managing in this time where social media is more of a staple in the business world than a notepad. Indeed, most major, progressive companies around the world have a vibrant social media presence, and encourage employees and the public to share on their page and be integral in the posting and support of the pages themselves. There is no one who can successfully argue that social media has not been a positive influence on marketing, customer service and public relations. However, within the area of managing employees, it creates a number of grey areas and causes for concern. For example; is it fine to search potential employees on social media before shortlisting? Can employees be sanctioned for posts they make on social media, whether about the workplace or not? Where is the line to be drawn with social media use in the workplace, especially using company equipment? There is no “one size fits all” answer for these questions, and company policy will be dictated by the industry you are in and the age and philosophy of the professionals on the team. The jury is still out on the matter of screening candidates through social media before shortlisting, one school of thought is that looking at a profile or a set of tweets in isolation can’t give you any true idea of the being observed. However, the other side of the argument is that social media can still give you a glimpse of the value set of the individual and whether what they portray on social media is aligned with the values of the company.

BEC Employment Compass

So what then should an HR Professional do? Honestly, there is nothing wrong with a quick scan of the social media avenues to see what you uncover about a candidate, look at what topics catch their eye on Twitter, view their Facebook and Linkedin profiles, but in conjunction with their CV. Do not be judgemental! You are trying to gauge whether this person is the right fit for your organization, not to judge them. It is important to keep context in mind. For example, a colleague of mine was very upset because she viewed the profile of her son’s teacher on Facebook and she was in a swimsuit on the beach. She argued that she was a teacher and what if the children saw it. This is a clear example of being judgemental. What is wrong with a picture of a woman in a swimsuit? There was nothing in that picture to indicate that she could not perform her functions, nor was it inappropriate to wear a swimsuit at the beach. Before casting judgement or blacklisting a potential candidate, one must ensure that you have not only looked at the context of the post, as well as its relevance to their ability to do the job and fit into your organization. The above example differs from viewing lewd social media posts by a person who will be a brand manager or ambassador for the company.

Can an employee be sanctioned for posts on social media? Many of us have seen public figures sanctioned for posts that they made on their social media pages that were deemed racist, or bullying. One of the most popular cases was that of Gerod Roth of Polaris Marketing Group, who posted a picture of himself with a colleague’s African American son in the background, and along with his friends, posted several racist comments about the toddler. The company made a very public statement disassociating itself from Mr. Roth and indicating that his views/posts are not representative of the company or its values. While it is understood and should be respected that employees have a life outside of the workplace, employees must still be cognizant that the expectations of clients and customers is that they will be socially responsible and they will not hesitate to boycott any company which seems to be affiliated with persons who do not know the difference between acceptable and unacceptable behaviour. In this age of social media, the lines of appropriateness become extremely blurred as social media has reduced the number of the boundaries which previously existed. Persons share more, are more exposed and do not always see the ramifications of their actions.

“While it is understood and should be respected that employees have

a life outside of the workplace, employees must still be cognizant that the expectations of clients and customers is that they will be socially responsible and they will not hesitate to boycott any company which seems to be affiliated with persons who do not know the difference between acceptable and unacceptable behaviour.”

Human Resource Management

Source: http://www.atlantablackstar.com

labour management

Screenshot of the Facebook post by Gerod Roth, alias Geris Hilton, and comments that got him dismissed from his employment at Polaris Marketing Group

Further, some posts require context, which can’t always be garnered by a simple glance through a person’s social media page. Therefore, the creation of a comprehensive social media policy is imperative in this new paradigm. It should be clear and concise, and address the following key points: • Can social media be used during working hours? • Can social media posts be used against you in relation to discipline- your rant about your boss on twitter or a racists post about a colleagues son, can actually be grounds for misconduct depending on the policy. • Confidentiality - what can you divulge about your employer on social media? • The use of recruitment in social media, not just from the perspective of viewing the individual on social media, but also head hunting through apps such as Linkedin. • If the workplace has a social media presence, what content is acceptable and appropriate for those pages, and who is responsible for posting content. Although social media is fluid, the policy will not cover all areas. It will be important to set the general expectation of management, and the policy can be reviewed from time to time to ensure it remains relevant.

Nothing Surprises me . . .

I work in HR!!

True HR stories from Barbadian businesses Boss I come back for my Wages

An ex-employee of the establishment returned to the office one-day requesting irately to speak to the Accountant. Once the Accountant appeared he stated that he was here to collected his outstanding wages. After asking the former employee for their name the Accountant realises the name is not on the 2015/16 list of employees. Once the accountant discovers this she asked the employee when he was last with the company. He responds, “Sometime in September 1999”.

Get your Own Water

An elderly guest of a hotel requested a bottle of water from the employee sitting at front desk. The employee informed the guest that she has finished working for the day. The guest continues by saying that she is ill and needs to take medication and needs the bottle of water urgently. The employee responded to the guest by saying, “Well, you should go down the road and buy one”. Coincidentally a refrigerator with the bottled water was directly behind the employee. As fate would have it the guest was also a writer for Trip Advisor.

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Human Resource Management labour management

Understanding Job Evaluation HRMAB info@hrmab.org.bb | hrmab.org.bb HRMAB is an organization geared towards helping members adopt Human Resource best practices and guaranteeing that they gain exposure to indispensable HR information.

ob evaluation may be described as the rating of jobs within an organisation. It is a systematic process where an organisation sets out to determine the value of a job or jobs within the organisation. It is also a comprehensive analysis of each positionâ&#x20AC;&#x2122;s tasks, responsibilities and knowledge in order to provide an internal ranking. Of importance to note from the outset, is that the evaluation is a classification of the job and not the job holder. The abilities of the job holder are more appropriately evaluated through the performance appraisal. The objective of job evaluation is to rank jobs which in turn can be used to build an efficient compensation system for the organisation. Job evaluation may also form the basis for wage and salary negotiations. Even though the job evaluation process provides a foundation for determining a pay structure, other factors such as market conditions and collective agreements may also have an impact. Once determined though, this evaluation process helps to eliminate inequalities in salaries and can also provide a basis for creating bonus plans and incentives. For every new position which is created, a job evaluation should be conducted, in order to ensure that the employer is recruiting at the appropriate level based on role responsibilities, expected tasks and qualifications. It is also recommended that an evaluation be conducted when a job has changed substantially in order to reflect the new or adjusted level of the role in question. This is formally known as a re-classification or re-evaluation. Considerations When Contemplating Conducting a Job Evaluation Exercise It should be noted however that there are a number of considerations when contemplating embarking on a job evaluation exercise. These include questions such as:- What jobs should be included? - Who should be involved? - What method will be used to collect the information on the individual jobs? - How will the evaluation process work? - How will the accuracy of the initial assessment be tested? - How will the outcomes of the exercise be applied? - How will appeals be managed? - How will the scheme be implemented? - How often will re-evaluations be conducted? The Process â&#x20AC;&#x201C; Procedure and Stages While there is no common or stipulated procedure for completing a job evaluation, there are some general components to be taken into consideration - The success of a job evaluation exercise will depend on a number of factors such as commitment of senior level managers, and the time and money to complete the evaluation and to implement the outcomes. Additionally, the process must be transparent, as it is necessary for employees to understand the processes and procedures of the scheme. To support the process, job descriptions should be factual, objective and consistent in terms of construction. Thought must also be given to the organisationâ&#x20AC;&#x2122;s ability to cover costs associated with implementing a new salary structure. In the preliminary and planning stages, the company considers the type of programme to be used as well as informing the employees whose roles will be evaluated. Arrangements are then made to collect samples of the jobs to be reviewed according to the criteria agreed to in the planning stages. The samples are then graded from an internal perspective, while market rate data is collected.

BEC Employment Compass

Approaches Used in Job Evaluation Internal job evaluation methods may be either qualitative or quantitative. The qualitative approach employs observations or descriptions to define jobs, while the quantitative approach uses facts based on collected data to define a job.

For every new position which is created, a job evaluation should be conducted, in order to ensure that the employer is recruiting at the appropriate level based on role responsibilities, expected tasks and qualifications. It is also recommended that an evaluation be conducted when a job has changed substantially in order to reflect the new or adjusted level of the role in question. Several methods such as job ranking, job grading, and factor comparison under the two approaches are employed in job evaluation. Research indicates, however, that each method is nearly as accurate and reliable as the other in ranking and pricing different jobs. Once the worth or rating of the jobs has been completed, then the salary structure and design can be determined and the jobs can be slotted into this structure. In the final stages, policy and procedures for maintaining the salary structure are developed. At this stage it is also important to ensure that the structure can withstand new jobs which may be developed in the future, inflationary increases and how changes to existing jobs and their responsibilities can impact the programme put in place.

Human Resource Management

training & development

Ensuring the Sustainability of

CVQs Post-CBTF Support Shanika Best

CVQ Coordinator, BEC shanika@barbadosemployers.com | barbadosemployers.com

ull time and part time workers as well as school leavers are becoming increasingly aware of the need for competency based education. A key role in integrating knowledge and understanding into practical, vocational skills which can be used in the workplace. However, this has led to the next phase of the equation, which is, the sustainability of competencybased education namely CVQs and NVQs after the Competency Based Training Fund (CBTF) projects have concluded. The reality is that many of the National and Caribbean Vocational Qualifications - N/CVQs were available to employers and training providers way before the Inter-American Development Bank (IDB) issued the funding grants. The CBTF initiative through the IDB created the avenue for employers and employees to have a greater understanding of the importance of knowledge as well as skills. Our aim now is to ensure the continuity to these programmes. A shared national vision on the importance and benefits of competency based education, this would include employers implementing these qualifications in their recruitment drive as well as adequate resources is the first step to combat challenges which may inhibit sustainability. The TVET Council manages an Employment Training Fund known as the ETF which is readily available to employers and training providers who wish to pursue training. The fund offers the opportunity to subsidize training costs which would make way for a more affordable training programme. The Employment and Training Fund (ETF) promotes and supports training and upgrading of skills for the labour force and is funded out of the Training Levy that is paid by all employers and employees. Its primary focus is to provide grants to encourage the private sector to expand

and upgrade their training facilities. Benefits are two-fold: The workforce receives training to upgrade its skills and businesses can become more competitive as a result. Another benefit is that companies can recover some or all of their contributions to the Training Levy, if they train staff according the conditions of the fund. The fund is one adequate resource which lend to the sustainability of the NVQ and CVQ system. The majority of persons usually limit the N/CVQ programmes simply as a project for the CBTF. The Barbados Employersâ&#x20AC;&#x2122; Confederation for the year 2015, set out to sensitize and make persons aware of how advantageous as well as necessary, competency based education is; the second phase for 2016 is to break the barriers which limit these programmes. One such being, to expand the vision and limitation of personsâ&#x20AC;&#x2122; mindsets. The programmes are not limited to CBTF but rather add to the process of lifelong learning, honing skills and ensuring that underpinning knowledge is achieved. Continuous work on the quality assurance of the N/CVQ system can also contribute to the sustainability of the programmes. Employers, employees, candidates and prospective candidates are expecting training institutions to address skill gaps and want to be reassured of the reputability of the programmes. A second element to this, would be the implementation of key indicators, evaluations and surveys which are able to track how candidates have been able to benefit from the programme and how they are utilizing the skills attained. A good example of this would be an annual or bi-annual exhibition of competency based programmes available, advantages and impact to the workforce and the economy.

The final step in this process would be to increase the awareness of the Barbados National Qualifications framework which encapsulates technical and vocational education namely N/CVQs. The framework assists in informing on the prior learning assessment and recognition of programmes. On the framework it allows for measuring or understanding the qualifications and how there are recognized national as well as regionally and worldwide. As the BEC embarks on this journey to inform, sensitize and implement the sustainability of these programmes after our CBTF projects have concluded; we encourage you to come on board as we attempt to assist in creating an upgraded workforce which lends to a diversity of skills, lifelong learning and employers and employees who are apt in their duty through training and development.

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Trade Disputes in a Modern Environment Has anything changed? Elsworth Young, BA UWI, MSc Massachusetts

Coordinator, MSc Labour & Employment Relations, UWI Cave Hill eyoung@caribsurf.com

ny discussion regarding changes in systems of resolving industrial disputes must first recognise the reality that in the contemporary workplace, differences between employers and trade unions occur principally at enterprise level. It is at this level that political and economic conflicts have been played out since time immemorial. Consequently, it is unlikely that such arrangements will change in the foreseeable future. Due to diversity in employment relations systems, a second consideration is whether any useful purpose will be served by discussing the topic in a generic way instead of focussing on developments in Barbadian society given recent skirmishes between employers and unions. A third related factor, though not usually considered in discussing disputes settlement, is whether globalisation with the apparent shift in bargaining power towards employers is impeding employeesâ&#x20AC;&#x2122; attempts at freedom to join unions of their choice. Hence, the issue of recognition rights cannot be excluded from a discussion on trade disputes settlement. As a result, this article will focus on the local situation. In so doing, the clear issue that arises from the foregoing is whether the disputes resolution machinery of the voluntarist philosophy has outlived its usefulness in Barbados and if so whether we should consider alternative arrangements. The philosophy of voluntarism is articulated in the preamble statements of the social partnership agreements. This belief is validated by a relative degree of stability in labour-management relations from the time unions were legitimized and leads the keen observer to enquire whether the absence of overt industrial conflict in the form of disputes makes voluntarism sacrosanct and impervious to change in the changing world of collective relations.

BEC Employment Compass

Proper documentation and communication to employees are imperative to the modern day contract of employment. The employee must be given every opportunity to know his failures or breaches and to be disciplined along a fair and structured process.

above: Barbados Water Authority workers showing strength in numbers as they hosted a strike to highlight their concerns

Photo compliments Barbados Today ePaper

Industrial Relations social partnership

Students of employment relations assert that industrial disputes are a feature of everyday industrial life. Such conflict arises from competing objectives of the two sides as employers seek to ensure control of the labour process while employees attempt to maximise their benefits from the sale of their services. The ensuing tension is an inherent characteristic of employment relations and as individual employees are unable to influence the behaviour of employers, they resort to trade unions to achieve their workplace objectives. Industrial disputes result when employers and unions fail to resolve difficulties arising in the management of the employment relationship and fall into two broad categories – rights or interests. Rights disputes arise from claims by employees or unions against management’s violations of employee benefits or rights enjoyed under statutory provisions, collective agreements or workplace customs and practices. In contrast, interest disputes arise from differences over expressed objectives of either side, particularly in negotiations or interpretation and application of the collective agreement. The actions of unions and employers in seeking to resolve industrial disputes will vary from among countries depending on the philosophy that underpins the national system. The problem is exacerbated when voluntarism fails to expedite a settlement and unions are forced to resort to strike threats or direct industrial action in furtherance of a solution. Recent action by the BWU at the Barbados Water Authority involving sympathetic industrial action by union members at the airport and sea port triggered angry reactions from sections of the general public who questioned the wisdom of industrial action at essential revenue earning service facilities at a time of government’s fiscal crisis. It is worth noting that there has been heightened industrial action in the public sector. This may be attributed to comparative employment security in this sector with trade unions showing more militancy in their conflicts with the employer in comparison with those in the private sector. Thus the NUPW, BUT and BSTU have also resorted to industrial action in an effort to alleviate workplace concerns of their members.

It should be noted that unlike Barbados, most Caribbean governments have moved away from the voluntarist approach to varying degrees of statutory regulation of industrial relations. As a result, strike action over rights disputes is prohibited in these jurisdictions with participants directed to use a predetermined procedure which may include compulsory conciliation and arbitration. An analysis of recent trade disputes shows the preference by unions for the traditional process which allows them absolute freedom to pursue actions in both rights and interests disputes. Barbadian trade unionists, therefore, are likely to resist a public policy attempt at regulating their industrial relations behaviour. However, this approach is myopic and may pose future problems given the union-avoidance strategies used by both domestic and foreign-owned corporations – some of whom have publicly articulated aversion for trade unionism. There is a view that the Employment Rights Act (ERA) is proof of government’s recognition of the need to protect all employees from possible rights violations by employers. The ERA deals with individual employment rights and already the Ministry of Labour is reviewing the legislation to effect changes arising from its application. This writer suggests that the review be extended to cover collective relations since the time appears ripe for a thorough review of the legal/institutional arrangements to determine the case for reforming the system – even if that means adoption of regulatory procedures. The important milestone in our independence raises the question of the efficacy of a number of our cherished practices including those of our industrial relations system. Urgent steps must be taken to strengthen the social partnership with the return of the BWU to CTUSAB seen as a pre-requisite for enhancing organised labour’s role in the national dialogue. A revitalised social partnership would resonate within enterprises thus leading to closer dialogue between employers and unions thereby reducing scope for industrial conflict. Critical to the process of institutional reform is a review of the labour administration structures with a view to creating a single integrated Ministry of Labour. Such a structure would not only bring the labour administration in line with other ministries in the public service, thereby offering increased promotional opportunities to personnel but may also help to reduce the time involved in disputes resolution. In a related way, the continuing involvement of members of the political directorate in disputes settlement calls for urgent reappraisal. Here, a number of important questions arise. Should persons who exercise policy making responsibility be asked to assume such important responsibilities? And is there a conflict of interests as they exercise conciliation responsibilities? What alternative methods should be applied? Finally, the procedures for dealing with collective disputes in the public sector must be reviewed and steps taken to adopt more modern arrangements for orderly settlement of these forms of conflict. The cherished system of voluntarism is not a satisfactory way of resolving such problems. The latest dispute between the Government and the Barbados Union of Teachers arising from Government’s reported decision to dock the pay of teachers who attended union meetings In April and May is one of a number of serious industrial relations issues that justify in the opinion of this writer, the need to accept the reality that voluntarism is fast becoming anachronistic and must be replaced. It certainly is not conducive to stable union/management relations in a situation where the employer exercises a disproportionate degree of power in the management of the employment relationship. Such a circumstance, left unattended, will lead to erosion of trade union influence and trigger negative consequences such as increased employee alienation, reduced job satisfaction and productivity. It is therefore necessary for the social partners and other key interested parties to engage in a serious dialogue on the industrial relations system and the legal and institutional changes necessary to achieve more modern arrangements for management of the system. The recurring conflict in the mainstream public service certainly demands a close examination of the disputes settlement arrangements in that section of government, an initiative that should have been included in the discussion that led to the passing of the Public Service Act.

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Industrial Relations

occupational safety & health

Insubordination vs Your Right to Refuse Imminently Dangerous Work Melony James, BSc

Labour Management Advisor, Barbados Employers’ Confederation melony@barbadosemployers.com | barbadosemployers.com

he mantra in all workplaces should be “Safety First”. However even with this in mind, there are occasions where dangerous situation arise. How must an employee confront such a situation? What or who determines the gravity of the situation and the likelihood of task execution? In occupational safety and health, employees are given recourse through their right to refuse imminently dangerous work. There is however a fine line between justifiably refusing to execute a task and being insubordinate. With insubordination being defined as the failure by an employee to perform a task or comply with an order given to him by a supervisor, an employee must ensure that their refusal to conduct work is in fact protected under the Safety and Health at Work (SHAW) Act. An arbitrator will usually look at an employee’s compliance with a reasonable order as basic to the conduct of the employer’s business. The right to lawfully refuse task is outlined in Section 104 of the SHAW Act: Where, during the course of his employment, there is sufficient evidence to indicate that an employee’s health and safety are in imminent danger that employee may refuse to carry out the tasks assigned to him pending consultation with his safety committee, trade union, staff association or the Chief Labour Officer. The Act in its current state does not explicitly outline the circumstances under which the right to refuse work is protected. The protection of an employee’s right to refuse to do a task has been discussed and outlined by the Occupational Safety and Health Administration of the United

BEC Employment Compass

States of America. Their guideline stipulates that the right is protected where all of the following conditions are met. • Where possible, you have asked the employer to eliminate the danger, and the employer failed to do so; • You refused to work in “good faith.” This means that you must genuinely believe that an imminent danger exists. Imminent danger being defined as conditions or practices in a workplace present a danger which could reasonably be expected to cause death, immediate serious physical harm, or an occupational disease: • A reasonable person would agree that there is a real danger of death or serious injury; and: • There isn’t enough time, due to the urgency of the hazard, to get it corrected through regular enforcement channels. Once the risk identified is categorised as imminently dangerous an employee must still respect the lines of protocol and authority. In the draft Regulation (Right to Refuse Dangerous Task) an employee must report this dangerous task to the responsible person and remain on the compound until such time as the hazard is controlled to a level where the working environment is safe.

STEP 1 ASK YOUR EMPLOYER TO CORRECT THE HAZARD, OR TO ASSIGN OTHER WORK

STEP 2 TELL YOUR EMPLOYER THAT YOU WON'T PERFORM THE WORK UNLESS AND UNTIL THE HAZARD IS CORRECTED

STEP 3 REMAIN AT THE WORKSITE UNTIL ORDERED TO LEAVE BY YOUR EMPLOYER

Diagram one: Reasonable protocol for refusing dangerous work Can you dismiss an employee for refusing to work in unsafe conditions? In the 1845 English case Turner v. Mason the judge held the following: “There may, undoubtedly, be cases justifying a wilful disobedience of such an order; as where the servant apprehends danger to her life, or violence to her person, from the master; or where, from an infectious disorder raging in the house, she must go out for the preservation of her life. But the general rule is obedience, and wilful disobedience is a sufficient ground of dismissal.” This case took a very narrow few on obedience vs disobedience but the context of the era in which the case held must be considered. The term master denotes that the other part was a servant and as such obedience at all cost was essential. We are now in the 21st century with the presence of human rights conventions, occupational safety and health legislation and labour laws, which would make such a ruling irrelevant. AN employee must balance their duty of care for self and their fiduciary duty to their employer. If a worker has refused to work and if that refusal was not on proper factual and legal grounds, that worker might be viewed as insubordinate and disciplined. It is

Industrial Relations

occupational safety & health

important, therefore, for workers to know the law and standards in relation to refusals before they are presented with what they may perceive as an imminent danger at work. Exceptions to the Right to Refuse It must be understood that generally there are occupations which by the nature of their operations are inherently dangerous. This does not mean that the employer does not take reasonable steps to ensure policies, procedures and infrastructures are implemented to ensure the safety of the employees in fact, the nature of the job requires thorough risk assessments and safety measures. The Regulation makes mention of a few exceptions based on this notion. These categories of workers include those employed with the following institutions: • Fire Service • Prison Service • Correctional facilities • Ambulance Service • Hospital • Clinic • Health Centres • Sanatorium • Nursing homes or home for the aged • Psychiatric institution or mental health facility or mental retardation centre • Rehabilitation facilities • Defence Force • Police Service If such occupations were not exempted from such a right, the chaos of work stoppages would be very prevalent in Barbados and the world around. Employees retain the right to refuse work if they reasonably believe the work constitutes a danger to themselves or others. However a major caveat is that one cannot refuse dangerous work when the refusal itself puts the life, health, or safety of another person in direct danger. With every right there are responsibilities; employees must ensure the safety of themselves and others from beginning to end of work and communicate in a respectful manner. Workplace safety begins and ends with dialogue between employee and employer – ensure each conversation counts.

Help!

I’ve Never Done This Before . . . Q. Can I make a change to an employee’s contract of employment without their consent? A. Changes to contracts cannot be made unilaterally; mutual agreement is necessitated as all parties are legally bound to the provisions of the contract. Policies such as the employee manual and the code of discipline can however be varied unilaterally as long as the rights being varied are not covered by statute. Q. Am I allowed to request that my employees be tested for drug or alcohol use? A. A company can reserve the right to have any employee tested by a medical practitioner or certified entity. This practice should however not be embarked upon haphazardly and should be outlined in a comprehensive policy inclusive but not limited to: • Who can be tested • How tests will be executed (scheduled or randomly) • What agency (cies)/ medical practitioner (s) will be used Q. Must all businesses pay double an employee’s basic rate on public holidays?

Happy Independence Barbados! TOGETHER WE ACHIEVE TIMELINE T TI MELINESS E SS CO CONF NFID NF IDEN ID ENT ENTIALITY T I ALIT TIAL TY TEAM E AMWORK A M W ORK FAITH AITH AI TH H TE ACCO AC C CO C O UN U TA UNTA TABI TABILITY A BI BILI LITY LI T GOOD F TY INTE IN TEGR TE GRIT GR ITY IT T Y FL FLEX FLEXIBILITY EXIBILITY PROFESSIONAL PROFESSION N AL ALIS ISM M INTEGRIT

A. No. Only those businesses who fall under the category of a shop, as defined by the Shops Act 2015-30, are required to pay at double time. However, where a collective agreement and/or contract of employment states that a greater payment should be made, this should be enforced.

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Industrial Relations trade unionism

Effects of Economic Recession on Organised Labour Kara Sealy, BSc, MSc

Labour Management Advisor, BEC

kara@barbadosemployers.com | barbadosemployers.com

etween the years 1990 and 1992 the Barbados economy experienced a serious economic crisis seen in the falling of the GDP, foreign exchange holdings and threats to the local currency. Today we are faced with what can almost be considered as a mirror image of this past experience and it begs the question as to the effects of these crises on the fortunes of organized labour especially in the private sector For the year ending March 31, 1991, the fiscal deficit reached just over 7 per cent of nominal GDP at market prices, well above the internationally accepted measure of 2 to 3 per cent. In dealing with this, the Government dealt with the problem through the medium of a stabilisation programme with the International Monetary Fund (IMF). Since devaluation was not considered as an option, the stabilisation package focused on monetary and fiscal policies. These fiscal measures included an 8 per cent cut in public sector wages, as well as lay-offs, increased taxation, reduced transfers to statutory corporations, cuts in capital outlays, lower benefits for severance and unemployment and a set of export-enhancing incentives. With regards to monetary policy, interest rates were raised, temporary limits placed on lending by commercial banks, and these institutions were required to hold additional reserves with the Central Bank (Harold Codrington, 1999). According to Codrington (1999), one of the features that was present during both the stabilisation and structural adjustment segments of the economic recovery programme was the entrenched positions of various interest groups. This was inevitable in difficult economic circumstances, as various groups attempted to maintain their relative strength. Accordingly, what

BEC Employment Compass

was an important part of the recovery was the realisation of all entities, that it would be advantageous to work together to achieve the desired goal of economic recovery and stabilisation. Stemming from this came the implementation of a Protocol for a Prices and Incomes Policy in 1993, which was signed by the major social partners - Government, the workers’ representatives and the private sector. Between 1993 and 2000, the economy expanded on average by about 3 per cent yearly and unemployment fell from 24.3 per cent to 9.2 per cent. This resulted in a general consensus that the new spirit of cooperation between the social groups helped in the achievement of most of these goals and the economic recovery of Barbados. Codrington (1999) further pointed out that these kinds of initiatives facilitated by the social partnership were even more appropriate as Barbados and other small vulnerable economies were moving into an era of economic globalisation. There must be consensus rather than confrontation by developing countries to deal with the fundamental change at the global level.

Restructuring threatens the economic foundation of unionism. It was the organising of the militancy of workers and unemployed persons in the Caribbean from the turn of the century to the 1930s that led to the establishment of trade unions, and by extension the improvement of the material and social conditions of the worker. As Lewis and Nurse (1994) put it, the structure of the capitalist economy within the broad social formation merges the state, capital and labor into a specific kind of social relationship often characterized by interdependence. The role of the state in this relationship is a pivotal one in that it functions as a regulatory mechanism mediating its own internal conflicts between different fractions of capital and simultaneously performs a mediation function between capital and labor. It is the state that will face increasing pressure from capital to provide an appropriate environment that allows for the extraction of surplus value from labor power. Lewis and Nurse (1994) so rightfully explained that the key factor in restructuring is the increasing ability in capital to alter the character of the labour process given its use of advanced technology. In fact, Advanced Manufacturing Technology (AMT) has become what they described as “an important strategic determinant of productivity performance, competitiveness and structural transformation for firms and countries.” This advancement technological innovation is a reality that unions today must face. However, the unions are still required to explore various options that are viable enough to manage the implementation and impact of such a change. This is especially so since the restructuring also involves a redefinition of the nature of the relationship between the forces and relations of production. As Southall (1988) stated, “such a movement towards a globalization of production and the creation of a global market threatens world labour whose bargaining potential appears critically weakened by the existence of surplus population on the world scale.” Thus in summary, the process of restructuring is one that is intended to cut production costs, increase productivity and profitability of capitalists’ operations, consolidating the hegemony of capital over labour (Lewis & Nurse, 1994). What does this mean for the unions? Restructuring threatens the economic foundation

Industrial Relations social partnership

of unionism. It was the organising of the militancy of workers and unemployed persons in the Caribbean from the turn of the century to the 1930s that led to the establishment of trade unions, and by extension the improvement of the material and social conditions of the worker. Therefore, the restructuring process impinges on the unions’ future involvement in the development process and also makes the unions’ role as guardian of workers’ rights even more critical. It is in such economic crisis that unions are often accused of pushing up wages to the point that discourages foreign investment, contributing to inflation, or promoting a climate of industrial unrest. Yet on the other hand these organisations bear the responsibility of providing relief for the workers. They are expected to cushion the impact of government’s extreme measures and find ways for union members to adjust to real wage losses. It is with this that unemployment has remained a burning issue for trade unions. Having said the above, in summative, reviewing the research consistent trends are seen around the recession and the effects it may have on organized labour. Trends such as the individualistic thinking of interest groups, the options of mass layoffs, pay cuts and increase taxation amongst others. Previous studies have been conducted highlighting the challenges the unions in particular had when it came to negotiations and the short time frame in which decisions were to be made. There was also research showing the loss of faith the members had in the unions mainly from the decrease in membership as portrayed in the studies by Nurse L. (1994), Winchester, D. (1981) and Cox et. al., (2009). Technology is taking the unions on a merry-go-round looking for ways to combat what is considered the new developing work force with its various alternative forms of employment. The passing of law, though with the involvement of the union, is now giving employers more confidence in asking for relevant legal authorization of rules and regulations. This legislative and attitudinal shift has in fact made the unions appear less relevant. It is fair to agree with the literature that an economic recession does affect organized labour. Not simply by a reduction in union membership, but also by way of forcing unions to bargain within limitations of what the businesses can afford. This article is an excerpt from the dissertation prepared by Ms. Kara Sealy upon completion of her MSC in Labour and Employment Relations at the University of the West Indies, Cave Hill Campus 2015.

Economic Indicators for Barbados Information gathered from the Central Bank of Barbados.

Indicator

2014

2015

2016 (as at Jan)

Gross Domestic Product (GDP)

$8.7 billion

$8.8 billion

Not published

Retail Price Index (RPI)

166.6 points

168.7 points

166.1 points

Inflation

1.84%

1.74%

-1.34%

Unemployment Rate

13%

11.8%

11.3%

(est)

Annually

As at Jan each year As at Jan each year

As at Jan each year

President of NUPW, Akanni McDowall with General Secretary and Treasurer discussing recent industrial relations challenges at Grantley Adams International Airport Photo compliments Barbados Today ePaper

There must be consensus rather than confrontation by developing countries to deal with the fundamental change at the global level.

Retail Price Index The retail price index, or the RPI, shows the changes in the cost of living. It reflects the movement of prices in a range of goods and services used regularly, and items considered most important to us, such as housing and food, are given a higher weighting. Gross Domestic Product The monetary value of all the finished goods and services produced within a country’s borders in a specific time period, though GDP is usually calculated on an annual basis. Inflation Rate The rate at which the general level of prices for goods and services is rising, and, subsequently, purchasing power is falling. Unemployment Rate A measure of the prevalence of people who are both jobless and looking for a job. It is calculated as a percentage by dividing the number of unemployed individuals by all individuals currently in the labor force.

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Bankrupt & “Profitable”? First Citizens

info@firstcitizensbb.com | firstcitizensbb.com First Citizens Bank (Barbados) Ltd. is a Caribbean-owned financial institution, which offers a full range of banking services including savings accounts, chequing accounts, credit card services, personal lending, corporate banking and premium banking. We operate six branches, including two convenient supermarket branches, which offer customers late opening hours on weekdays and Saturday banking services.

hile profitability may seem like a good measure of success, it can be misleading. Several companies can actually go out of business although they are profitable on their “profit and loss statements”. Why? Because of cash flow! Cash flow is the total amount of physical cash coming into and going out of your business. Bankruptcy, on the other hand, is the inability to repay the debts you owe. Cash flow affects your liquidity – that is, your ability to pay bills and creditors when they are due. When you have negative cash flow (more money going out than coming in), you can become bankrupt even though your company is making a profit on the books. Take the example of a bakery. Let’s say the baker has a large, confirmed order and purchases the ingredients on credit. His customer has agreed to pay him in December, but he needs that cash to pay his creditors, earlier that year, in June – he does not have enough cash in the bank to pay his bills and therefore is at risk of becoming bankrupt. Having good credit policies can help to guard against cash flow problems. If your customers have 60 days to pay you, but you have to pay your suppliers in 30 days your credit policy is out of sync. When extending credit terms to customers, ensure that they have a comparable or even a shorter repayment period than the repayment period your suppliers are giving you. Commencement deposits (for example, 50% deposit required) are another option for managing cash flow. Asking customers to make a deposit before the job commences guarantees that you will have some of the cash on hand to meet your expenses. This reduces the strain of paying creditors out of pocket and then waiting to be reimbursed by clients. Good accounting and invoicing practices, as well as keeping a watchful eye on your finances, can assist you in avoiding cash flow concerns. If your books are in order, you will be better able to invoice accurately, identify late payments from customers, and forecast when payments are due. But more importantly, you can identify where your revenue is coming from – some businesses lose out on vital cash by simply not remembering to collect on time! Another good practice is to separate your business and personal accounts. Businessspecific bank accounts help with accountability but they also allow you to benefit from banking services like payroll deductions. These can free up your time and make it

BEC Employment Compass

easier to implement good accounting and invoicing practices. In addition to business accounts, your financial institution can play a greater role in addressing your cash flow concerns. If implemented correctly, flexible overdraft policies and short-term loan facilities can help reduce cash flow challenges. If you have a big order to fill and need an extra employee, you may not have the cash on hand to pay that person. Although the revenue from the order may be sufficient to pay the new employee tenfold, timing is everything when it comes to managing cash flow. Financial institutions are willing to provide short-term loans to help rectify immediate cash flow concerns. Remember, it is important to check interest rates on your credit options. A short-term loan may have a lower rate than an overdraft facility and these factors need to be evaluated. Any business can be faced with cash flow issues, but small businesses may have less financial stability to bear the strain of late payments, inequitable credit terms and negative cash flows. However, managing cash flow and being profitable on paper as well as in reality is possible! Implementing good invoicing and accounting practices, as well as choosing a banking partner with flexible credit facilities, can make a big difference.

Industrial Relations people feature

A Woman In A Man’s World

Anne Knowles, CNZM LLB (HONS) Melony James, BSc

Labour Management Advisor, Barbados Employers’ Confederation melony@barbadosemployers.com | barbadosemployers.com

never planned on having a career in industrial relations. It was a stop-gap measure until a “proper” job arose as a barrister and solicitor. When I moved from Christchurch in New Zealand after two years in private practice to Wellington that I found myself as Legal Advisor and Industrial Executive to the companies in the economically crucial meat processing and export industry. Representing the eight key companies in all their disputes across 21 sheep and beef processing plants employing 37,500 workers and being pitted against the top Trade Unionists in the country in collective bargaining was a unique position for a woman. The 1980s was a turbulent time for New Zealand with the Meat Industry at the forefront of many of the changes that had to occur to ensure the country’s economic viability. Increased automation, plant closures, strikes and lock-outs were all part and parcel of the industrial relations landscape. A key change in legislation in 1991 (which I had been party to developing) was the move from national collective agreements covering an entire industry or occupation to enterprise agreements – either collective or individual – negotiated by the employers and employees themselves. I was asked by the New Zealand Employers’ Federation to become its Labour Market Manager to assist in steering through the changes on a practical basis; that is, to ensure employers had the negotiating and communication skills necessary to meet the new challenges. By 1999 “industrial relations” was no longer an issue in New Zealand. Instead there was a focus on the well-being of the enterprise for the benefit of employers and employees alike – a cultural shift had taken place to a collaborative approach to resolving any problem that arose. It was thus on 1 January 2000 when I was appointed Chief Executive Officer of the NZEF that I was charged with

effecting its biggest change – a merger to become Business New Zealand with a mandate encompassing all aspects of a business’ concerns. With the transition to a business-focused organisation having been well-established, I looked for a third career and in February 2004 I took up the role of Senior Specialist, Employers’ Activities in South East Asia. I knew the EOs in the Region having been a member of the Confederation of Asia and Pacific Employers’ (CAPE) and a member of the NZ delegation to the ILO since 1993. I had also been an Employers’ Group spokesperson for the Committee of Experts on the Protection of Workers’ Personal Data, Employing People with Disabilities and Managing Hazardous Ambient Factors, the Maternity Protection Convention (No 186) and the ILC General Discussion on OSH in 2003 as well as a member of the Governing Body. As a strong proponent of the ILO’s mobility policy I believed that specialists could benefit EOs most by bringing different perspectives and challenging traditional approaches by sharing good practices. Central and Easter Europe beckoned and then the Caribbean.

I leave you with what has driven me over the years “Opportunities come our way and we must take them” or as my EO friends will know “Work hard; play hard; be on time in the morning! Anne Knowles, Former Employer Specialist, International Labour Organisation (ILO)

Being something of a rarity during my time in NZ – a legally qualified woman working in very much a man’s world – I became involved in a number of extracurricular activities. I was President of the NZ Business and Professional Women’s Organisation and Chair of the International Federation’s Constitution Committee, I chaired the Ministerial Committee of Inquiry into Equity in Employment establishing as a key recommendation the Public/Private sector Equal Employment Opportunities Trust – of which I was then a Trustee for nine years. I was a member of the Ministry of Education’s Girls in Education Advisory Committee, co-chaired the Joint Australia / NZ Working Party on the Mutual Recognition of Qualifications in each country, and as a public representative member of the Wellington School of Medicine Council I chaired the Committee on Gaining Informed Consent in Teaching Circumstances. I was an employer-nominated member of the Arbitration Court and the Human Rights Tribunal and Chair of the Advertising Standards Complaints Appeal Board after serving ten years on the Complaints board itself. For nine years I was a Director of the Wellington Council’s company established to develop the waterfront. In 1993 I was one of 100 women to receive the Suffrage Centennial Medal and in 1996 was made a Companion of the New Zealand Order of Merit for Services to Women, Industrial Relations and Education. My next “career” is at this stage unknown but will be embarked upon – as always – after close consultation and with the support of my husband and our two sons. Whatever it is, I will recall the time spent working with EOs and their members in the Caribbean with a great deal of fondness. My thoughts and very best wishes will always be with you. I leave you with what has driven me over the years “Opportunities come our way and we must take them” or as my EO friends will know “Work hard; play hard; be on time in the morning”!

www.BarbadosEmployers.com

Industrial Relations social partnership

The Relevance of Trade Unions Robert ‘Bobby’ Morris

Barbados Ambassador to CARICOM caricom@foreign.gov.bb

BEC Employment Compass

and the distributive sector created solid membership in the private sector, and as the public sector expanded and added statutory corporations, trade union membership expanded and formed a powerful block in each country. The state provided protective, supportive and regulatory legislation, to ensure that the industrial relations process was managed in the national interest. The trade union has survived two distinctive change periods in its evolution since the early years of establishment. The years of the Cold War assisted its strengthening as supporters of both open and closed political and economic systems competed to get its support, and this period ended with the open economic system predominating, even though the state plays a significant role in the economies. Yet, starting in the 1970’s and continuing into the 1980’s, starting with Trinidad and Tobago’s deeper regulation of industrial relations, and leading to the Nassau Understanding of the 1980’s, the trade union was under pressure to reform itself in light of the new international economic order which was beginning to assert itself. This was a period where the

terms of trade were turning against the regional economies: the markets and prices for primary exports were being eroded; the oil crises were highly damaging to regional economies; and the expansion of globalisation, with the erosion of protectionism, were all challenging factors. With the failure of sugar, bananas, and bauxite, and the switch to new economic sectors like Tourism, Light Manufacturing, Offshore Banking and Finance, the transitioning to service economies, presented the unions with new challenges. The regional economies were transitioning even as the last stages of colonialism ushered in Independence movements combined with regional integration efforts. It took some time before the regional trade unions changed their modus operandi. As the new economic models pursued by Margaret Thatcher, Ronald Reagan, and their Caribbean supporters peaked, and as trade unions lost numbers in the United States of America and the United Kingdom, academic enquiries in the Caribbean were directed, not at if the trade union movement was relevant but if it could survive.

Photo compliments Barbados Today ePaper

he trade union was born at a time of industrial development in Europe, when cottage industry gave way to factory production, and the masses of workers joined together to improve their working lives. Collective bargaining and disputes resolution became key tools of the working class movement, as shop stewards and other union officials defended two of the most important aspects of labour, the price of work, and security of tenure. In time, the withdrawal of labour in the form of industrial action became a very important addition to the arsenal of the movement. Generally, the first workers who were organised were those in the skilled trades, while the less skilled were drawn in later, and large coalitions of labour came even later. Labour organisation in the British West Indies in the late 19th and early 20th century started with adopting the German model of Workers’ Associations, and later adopted British and American models of the union. Political unionism was the bedrock on which trade unions and political parties were developed, and remained prevalent for decades. Trade unions and mass based political parties were seen as partners in struggle against an owner class with a metropolitan base ,and local branch plants and agencies controlled mainly by a select group of persons. A certain dualism prevailed as owners and managers were often of a different ethnicity to workers. As Caribbean economies diversified, and the state became a more central player in economic relations, the initial patterns of industrial relations have changed. Organising workers in sugar factories and plantations, in the banana plantations, in the extractive sectors of oil and bauxite, in the areas of water, electricity and natural gas, in construction

Minister of Labour chats with leaders of BWU at May Day Parade 2016

Industrial Relations social partnership

Between the 1990’s and the current period, trade unions have addressed the issue of both relevance and survival. One of the major strategies used has been to adopt social dialogue and labour management cooperation, culminating in the formation of national centres, forcing private sector consolidation, and eventually supporting and adopting corporatism, combining cooperative industrial relations with cooperative governance. While not preventing economies from being negatively impacted by the global recessions after 2001, and 2007, there is still some perception, not yet backed by empirical evidence, that trade unions have sacrificed membership demands in the public interest. Unfortunately, the national interest has often demanded strategies that could lead to the erosion of union growth: reduction of deficits, workplace restructuring, suppression of wage increases, and refusal to meet at the bargaining table.

Trade unions and mass based political parties were seen as partners in struggle against an owner class with a metropolitan base, and local branch plants and agencies controlled mainly by a select group of persons. A certain dualism prevailed as owners and managers were often of a different ethnicity to workers. The reality is that the orientation of political parties is still supportive of the role of trade unions in representing the poor and underprivileged. Major businesses also rely on mature trade unions in the management of the industrial relations system at both the macro and micro levels. It is doubtful that any sector of modern society would contemplate a situation where well organised trade unions somehow no longer existed and industrial relations became a free for all between individuals and employers. Our labour and employment infrastructure and superstructure is predicated on collectivist principles, and will remain so. The existence of a well organised trade union movement is a critical factor in the development of democracy, and will always prevent any encroachment of former massa hegemony of the past.

The CCL/CEC Partnership

Building Strong Labour Relations Brittany Brathwaite, BSc

Labour Management Advisor, BEC brittany@barbadosemployers.com | barbadosemployers.com

arbados has long prided itself as the beacon of the region, for its articulate use of the tripartite mechanism as part of its national decision making mechanism. This said mechanism, has now grown to be promulgated as a fundamental pillar for national relations at the level of The International Labour Organization. While this format of engagement has proved to be meritorious a new concept has been forged under the European Union (EU) funded project; that of bipartite consultation. Under the careful guidance of the regional arm of the International Labour Organization, a three-day regional bi-partite conference was facilitated in Grenada. In attendance were senior labour trade union and employer representatives from across the Caribbean and consultations were had on topics ranging from education to the countries’ ability to monitor the progress of the Economic Partnership Agreement between the EU and CARFORUM countries. While these are recurring agenda items on our national Social Partnership sub-committees, tackling these issues and receiving critical input from regional stakeholders in a bi-partite setting was a new and refreshing experience. By having both voices at the table cumulatively developing and discussing impactful issues the contribution was robust and resulted in the foregoing conclusions being made: - The recognition that both trade unions and employer representative bodies needed to be more closely involved in the curriculum and strategy development of national technical vocational training institutions. Where practicable, even interwoven in the mechanisms for decision making to avoid the exemption of these imperative contributions. As youth unemployment was identified as the single most pressing regional issue, the importance of each nation using the bi-partite structure to assist in ensuring those skills required in the job market are being developed and harnessed in our job seekers. - The four areas which form the plateau for the implementation of the Decent Work Agenda of the ILO were also assessed by each bipartite pairing, namely, the fundamental labour principles prohibiting child labour, forced labour and discrimination along with the right to freedom of association and to bargain collectively. - It was further agreed that a more consolidated focus was needed in each of the countries to ensure that appropriate measures be put in place to enhance the benefits to be derived from the EPA. The culmination of this meeting forged a new allegiance as President of the Caribbean Congress of Labour (CCL), Mr. David Massiah and President of the Caribbean Employers’ Confederation (CEC) Mr. Wayne Chen announced the plan to formulate formal bipartite forums within each country to strengthen and deepen cooperation between the two parties to better coordinate research and advocacy on matters of mutual importance. The sentiments below, echoed by our valued colleague and outlined in a subsequent press statement reiterate those which we at the national level strongly believe. “Welcoming the initiative, CEC president, Wayne Chen, opined that “these bipartite forums will mark a new era in the cooperation between workers’ and employers’ organizations that will no doubt improve the region’s business climate.” With coherent policies and positions; even where complete agreement is not reached, greater can be achieved than those attempted in a silo.

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Unfair Dismissal:

Harris v Chefette Restaurants Ltd Rockley Law Group admin@rockleylaw.com | rockleylaw.com

The Rockley Law Group is a boutique firm specializing in Corporate and Commercial, Trust and Estates and Industrial and Employment Law with special emphasis on ADR via Mediation and Arbitration.

The decision made in this case is being appealed by Chefette Restaurants Ltd.

n employee was terminated for his failure to follow the cash handling procedures for the day to day running of the restaurant and brought a claim for unfair dismissal. The Tribunal was tasked with determining whether or not the dismissal was fair. This article will examine the decision of the Tribunal.

Reason for Dismissal The employer in all cases must prove that an employeeâ&#x20AC;&#x2122;s dismissal was fair. Under the Employment Rights Act 2012-9 (the Act), in order for a dismissal to be fair, the employer must show that it was reasonable to terminate in the circumstances. The employer must show that: 1. they believed that the employee was guilty of the misconduct; 2. they had reasonable grounds for believing the employee was guilty of the misconduct; and 3. they had carried out a reasonable investigation into the matter when they decided to dismiss the employee. Was a Reasonable Investigation Conducted? Whether or not an investigation was reasonable would depend on the circumstances of each case and on factors such as the size of the organisation and the employerâ&#x20AC;&#x2122;s resources. The Tribunal concluded that a reasonable employer should not limit its

BEC Employment Compass

The Tribunal found that the employer failed to disclose the basis for the allegations against the employee until the meeting was in progress. In light of these omissions, the employer had not afforded the employee a reasonable opportunity to consider a response to the accusations against him. above:

The Employment Rights Tribunal

From top left: Hal Gollop, Chairman; Ulric Sealy, Employee Rep.; Winston Chase, Legal Counsel; Ed Bushell, Employer Rep. From bottom left: Frederick Forde, Employee Rep.; John Williams, Employer Rep.; Beverley Beckles, Employee Rep.; Dr. Hartley Richards, Employer Rep.; Ryan Drakes, Deputy Chairman

Law & Guidance tribunal report

investigation in any way but enquire further into the matter. In this case Chefette limited the investigation to the breach of cash handling procedure. Therefore, when the respondent decided to dismiss the employee, it had not sufficiently investigated despite having the necessary resources (in the opinion of the Tribunal) to do so. Was Dismissal the Appropriate Sanction in the Circumstances? Under Chefette’s Code of Discipline, the sanction for negligence or carelessness … to the provision, equipment or property of the restaurant or to the business of the restaurant was dismissal for the first offence. A representative of the company however, could not specify the types of offences that would satisfy this provision. The Tribunal explained that the language of an organisation’s code of discipline must be clear, especially where the punishment for an offence is dismissal. Every employee, including management, must be certain what conduct that particular employer will consider as meriting automatic dismissal. Further, while a code of discipline may become a part of the employee’s contract, the fact that it permits the employer to dismiss for the particular misconduct, does not necessarily make the dismissal fair. Consequently, even where the evidence against the employee justifies a finding of gross misconduct, dismissal should not be automatic. The employer must also consider any mitigating factors and balance them against the aggravating features of the employee’s conduct. The Tribunal found that the employer failed to apply progressive disciplinary action given the employee was employed for fourteen years with a clean record; thereby failing to comply with Part A of the Fourth Schedule of the Act. Statutory Disciplinary Procedure When an employer is contemplating disciplinary action against an employee, that employer must send a written statement to the employee setting out the charge and inviting them to a meeting and informing them that they may be accompanied by a friend or union representative. The meeting must take place before any disciplinary action is taken and thereafter, the employer must inform the employee

of the decision in writing and notify them of their right to appeal. Was the Statutory Disciplinary Procedure Followed? The Tribunal found that the employer failed to disclose the basis for the allegations against the employee until the meeting was in progress. In light of these omissions, the employer had not afforded the employee a reasonable opportunity to consider a response to the accusations against him. The Tribunal explained that the employer had a duty to present the employee with a comprehensive statement setting out all the evidence, including witness statements, on which it intended to rely at the disciplinary hearing, whether or not that evidence was potentially incriminating or exculpatory. Employee Fails to Attend Disciplinary Meeting A letter was sent to the employee inviting him to a third meeting. The employee chose not to attend on the ground that he was not given sufficient time to prepare. The employer could not establish when the letter was dispatched to the employee. The Tribunal noted that the onus was on the employer to prove that the employee had received the letter in a reasonable time and that he had a reasonable opportunity to prepare for the meeting. They explained that this burden could have been met by exhibiting the registration receipt issued by the Barbados Postal Service. The Tribunal was not persuaded that the employer met the burden and should have made effort to inform the employee of the accusations. Employee’s Right of Appeal against the Employer’s decision The Act only requires the employee to follow the established disciplinary procedure of the work place. In this case no disciplinary procedure was set out in the employer’s Conditions and Terms of Employment 2010-2013 and the employer did not produce evidence of an established disciplinary appeals process. Therefore, the employee could not follow a procedure that did not exist. Thus, the Tribunal found that the employee’s failure to lodge an appeal with the employer was not fatal to the case.

Learning from Harris v Chefette Restaurants Limited As the second case from the Tribunal dealing with unfair dismissal, there is a lot for employers to take note of in order to avoid being found liable for an unfair dismissal. This case highlighted the following: • Whenever an employer is going to dismiss an employee on the basis of misconduct, a reasonable investigation must be carried out. • Where the employee is dismissed, the employer must show that dismissal was the appropriate punishment in the circumstances. This is based on the fact that discipline must be applied progressively. • The disciplinary procedure set out in the Act MUST be followed precisely. In both decisions from the Tribunal, failure to follow procedure was key to a finding that the employee had been unfairly dismissed. • The basis for the allegations against the employee must be included in the written statement sent to them and inviting them to a meeting. This should not be just a brief statement, but should include all evidence against the employee. • The employer has to prove that they sent a letter inviting the employee to a disciplinary meeting and when it was sent. A registration receipt from the Postal Service is one way of so doing. • An employee is only required to appeal a decision where there is an established procedure for appeals. Information on the company’s appeal process should have been included in the employee’s statement of employment particulars. Conclusion Employers need to examine their disciplinary rules and procedures to be sure that they are compliant with the Act. In both cases from the Tribunal, there has been an emphasis on employers adhering to the disciplinary procedure. Consequently, it would be prudent for companies who are unsure if they meet all the requirements, to conduct a thorough review of their Code of Conducts, Employee Handbooks and all disciplinary procedures. Additionally, all staff in the Human Resource Department and managers at all levels should undergo training in the statutory disciplinary procedure to ensure compliance.

www.BarbadosEmployers.com

Law & Guidance guidance note

BEC Guidance Note:

Holiday with Pay Act

hile it is widely known that employees who have worked for less than five (5) years receive 3 weeks’ holiday and no less than 4 weeks if he has been with the employer for 5 or more years, there are multiple queries posed to the Confederation by many employers and employees. This guidance note seeks to highlight a few of these questions and provide the adequate advice based on the Holiday with Pay Act. When do you start accruing holiday? Holiday is accrued after three consecutive months of employment. If an employee is terminated after three months he/she is eligible for prorated holiday pay for the months worked. This is calculated on 3/52 of the total pay for the period. At the BEC we have noted that employees accrue 1.25 days for every month worked once they were employed for less than 5 years and 1.67 days where they are employed for more than 5 years.

When does an employee become eligible for holiday? An employee becomes eligible for vacation after he/she has worked continuously for an aggregate of 208 days in a 12-month period. Notably, annual holiday can be taken before the employee becomes entitled but this must be agreed upon between the employer and the employee. However, next annual holiday should not be taken until 12 months have expired from the date of the last holiday. As it relates to termination, any notice of termination given to an employee immediately before their holiday or during their holiday is null and void and of no effect. Can my employer decide when I take vacation? The employer determines the date that the holiday shall commence and must give the employee 14 days’ notice of such. We acknowledge that there may be a practice in

some organisations whereby employers allow employees to select the date they wish to take their holiday; that is not an issue once the employees understand, and the employer knows, that they have the right to make the final decision on the holiday dates. Is it illegal to postpone or cancel vacation in any given year? Once entitled, the holiday must be given by the employer, and taken by the employee, within six months after the entitlement date. Should there be a dire need to postpone such holiday, written consent must be obtained from the Chief Labour Officer. The Act further outlines that the annual holiday should be taken in one period unless otherwise agreed by the employer and employee; but should not exceed 2 periods. Where a public holiday occurs during the employee’s holiday, the employee’s holiday should be increased to reflect the public holiday. What are the Penalties for breaching the Act? The Act prohibits any agreements between an employer and employee that exclude the operations of the provisions of this Act. Should an employer refuse to allow holiday, fails to pay and employee the average pay, fails to keep records, or wilfully delay or obstruct the CLO or any person authorized to exercise the power of the CLO, the employer shall be guilty of an offence and found liable on summary conviction to a fine of one hundred dollars ($100) or to imprisonment for three (3) months or both. However, there shall be no prosecution for any offence under this Act after one year has elapsed. It is important that all employers pay careful attention to the provisions set out throughout the Holiday with Pay Act as any breach of the provisions will prove to be costly for the organisation.

BEC Employment Compass

Law & Guidance guidance note

BEC Guidance Note:

Shops Act 2015-30

4500

3,428 3,458

3500

2,000 2,163

1,937

2000

Company 1

Company 2

Administrative

Company 1

Store Room Clerk

General Workers

500

Store Room Clerk

1000

General Workers

1500

1,500 1,623

Company 2

Manufacturing

1,500 2,000

1,083 1,350

Company 1

Sales Supervisor

2,045

Sales Associate

2,100 2,420

Sales Supervisor

2500

2,298 2,970

2,255 2,683

Sales Associate

3000

Accounts Clerk

Salary Survey Table: With the recent updates to the Shops Act the BEC found it necessary to monitor the salaries of persons employed in the ‘shop’ setting, in addition to other densely populated employment settings

4000

Administrative Assistant

right:

2,300 4,100

Accounts Clerk

1321

Company 2

Retail

Salaried Position by Industry by Company

wages of shop assistants should reflect, stipulating that working hours should not exceed 40 hours a week exclusive of meal times. Furthermore, shop assistants should not be required to work on any day for 4.5 consecutive hours without an interval for Five Year Wage Settlement Trends a meal, nor should they work in excess of 8 hours, exclusive of mealtime, on any given work day. Be mindful that in some instances, for example during the Christmas period, should that shop assistant be direly required to work in excess of 40 hours a week, he or she should be given an interval of 12 hours off between each shift and should not 6 work for more than five days in any given week. 5 Further stipulations are centered around4the rate paid for work performed on any public holiday identifying that rate to be twice as much the ordinary rate. The Act also 3 speaks to health and safety requirements clearly establishing that: 2 • Where there are 3 or more shop assistants employed in a room, the occupier of the 1 shop shall provide 1 seat per every 3 shop assistants. 0 • The provision of adequate drinking water free 2011 of cost2012 to shop assistants 2013 2014 2015 • The availability of adequate eating facilities; first aid supplies; lavatories and sanitary Year facilities; handrails by staircases; adequate ventilation and a safe means of access to every place where shop assistants work. • All shops opened for business should have an issued fire safety certificate issued by the Chief Fire Officer. There should also be an approved fire and safety plan, with reasonable means of escape in the event of fire; adequate fire equipment; and at least one person trained in the use of such equipment should be on the premises at all times. It is important to note that any door affording means of escape should be constructed to open outwards. Considering the significance of this Act and the repercussions that follow if it is not adhered to, the Act explicitly speaks to the powers of the Chief Labour Officer and Magistrates, as well as, highlights the important role the Chief Fire Officer plays in ensuring a safe work environment within occupiers’ shops. Should there be any breech of the Act, persons guilty will be liable to summary conviction of a fine of $10,000 or imprisonment for 1 year or both, where no other penalty is identified. The Confederation encourages all shop occupiers to conduct a careful inspection of your businesses to ensure that you are not in breach of the stipulations of the Act. Should you require our assistance, we are here to help as we continue on this path of making good employers better. Average increase/%

Number of Employees

2,261 4,758

5000

Administrative Assistant

he Shops Act 2015 makes provisions to ensure safety of workers while proactively minimizing cost to employers by providing the rules and regulations at our finger tips. The Act also provides 0 1000 1200 1400 the foundation for a more towards a mployees sustainable 24/7 economy. For the sake of clarity, this Act will repeal and replace the Shops Act, Cap 356A, making new Layoffs and warranted provisions to opening and closing hours of shops; terms and conditions of employment; health and 1400 safety standards; and also widens the 1274 1200 scope to include businesses such as 1000 2014 cinemas, laundries, floral services; barber 800 services, beauty and cosmetic services, as well as gaming services. 600 2015 The Act explicitly speaks to the hours 400 of which a shop may be opened for 200 135 24 10 business with such time being from 7:00 0 Jan-Jun throughout Jul-Dec am on Mondays to Sunday 11:00pm continuously. Note however that the following businesses are exempt from this stipulation: Permits • Businesses engaged in the sale or 17 purchase of drugs or surgical appliances; • Shops located in theatres, concert 20 halls or any other entertainment outlets; • Shops engaged in the sale of bread, ts milk or fresh meat; newspapers; nor petrol filling stations. The first schedule of the Act outlines the categories of business which enable organizations to decipher their exemption status. The Act further distinguishes the above businesses from family shops in which only family members are employed, allowing such shops to open for business on a closed day. Notably however, all other businesses desirous of opening for business on a closed day, should seek permission through the Chief Labour Officer. Be reminded that the Shops Act identifies what the working hours and

Salary Survey

Salary Range Per Month/BB$

ppages

www.BarbadosEmployers.com

100 50

Work Stoppages

Job Advertisements

Law & Guidance

0 160

C Number of Ads le C on ric a st ru l ct io n Fi G na en nc er al e W or H os ke r p it al it In y fo .T ec h Le M an g ag al em en t M ed i ca Su l p er vi so Sa r le s O & th M er Sn ar r. ke M ti an ng ag em Te en ch t ni ca l

120

Statistics

2015 2015

17 20

Years

2014

The number of advertised work permits requests decreased by three (3) to a count of 17 between 2014 and 2015. 0

200 400 600 800 1000 1200 1400

Salary Survey

200

4500

2014 2014 2015

150

2015

3500 3000

2,255 2,683

2,100 2,420

300

2015

2,298 2,970

2,045

2,000 - 300 2,163

1,937

50 2000

2015

1,500 1,623

1,500 2,000

1500

Jan1000

Feb

Mar

Apr

500

May

Jun

Company 1

Company 2

Company 1

Company 2

Company 1

1321

800 600 400

1321

200

135

Jan-Jun

200 400 600 800 1000 1200 1400

Work Permits

2015

250

ents 200

Number of Employees

Administrative Manufacturing Retail Work stoppages in 2015 only amounted20to The number of job advertisements by category recorded between 2014 300 persons walking off the job, this was a 2014 andJob 2015,Advertisements showed 2014 having a significantly higher count of significantNumber drop from 2014 where the numbers thePosition year forby each category. However, the numbers Industry by Company May ads throughout Jun Salaried of Requests 0 ads 200 400 reached 1,321 persons. remained the same in both years for those which fell 600 under 800 the 1000 1200 1400 2014 category of Other. 2015 Number of Employees 1400

Apr

Layoffs

Five Year Wage Settlement Trends

100

Number of Employees

150

C le C on ric a st ru l ct io n Fi G na en nc er al e W or H os ke r p it al Average it increase/% In y fo .T ec h

2011

en t ed ic Su al p er vi so Sa r le s O & th M er Sn ar r. k et M an in g ag em Te en ch t ni ca l

3 2

M an

Number of Ads

1000

Number of Employees

Company 2

1274

1200

2014

1400

2014

1,083 1,350

le C on ric a st ru l ct io n Fi G na Assistant en Administrative nc er al e AccountsWClerk or H os ke r p Administrative it Assistant al In Clerkity Accounts fo .T ec General Workers h L M e g Storean Room Clerk ag al em General Workers en t MYears edClerk Store Room ic Su al p er vi Sales Associate so Sa r le Sales s Supervisor O & th M er Sn ar r. Associate ke Sales M t an in g ag Sales Supervisor em Te en ch t ni ca l

Work Stoppages

3,428 3,458

100 2500

2,300 4,100

Lay

Number of Employees

250

Work Stoppages

Years

Salary Range Per Month/BB$

100 Number of Ads

Number of Ads

ements

2,261 4,758

4000

Number of Employees

Job Advertisements Job Advertisements

5000

1321

Number of Requests

2014

The BEC tracks trends by monitoring various media 20 including newspapers, online publications, partner websites 0 as well as utilizing information supplied by our members. Feb Mar Apr Jun The Jan below statistics were compiled fromMay these sources.

120

Jan-Jun

Work Permits

300

100

140

135

2014 2015

140 statistics

160

200

2012

2013

2014 2015

1400

600 200

ca l

en t

hn i

Te c

r. M

le s

Su p

ke ti

is or

er v

al ic

Permits

BEC Employment Compass

400 200

135

2014 Jan-Jun

135

Jan-Jun

Jul-Dec

2015

Between 2014 and 2015 the largest number of persons were Laid-off or Terminated within the months of January – June in 2014 this amount totaled 1274, while the amount in Jul – Dec of both years together totaled 30 persons. 20

Number of Requests

600

Work Permits

400

Number of Requests

2014

800

0 2015

2015

1000

2014

The average wage settlement during 2011 – 2013 was 3%, however, it gradually increased to a level of 5% in 2014 and Work stabilised in 2015 at the same amount. This information was sourced from collective agreements negotiated by the BEC.

1274

1200

1000

Year

1274

1200

Lay

04 04 03 03

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REDUCE REDUCE

REUSE REUSE

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